Family lawyers are professional problem-solvers, but is telling clients what they need to know always the best approach? Jacinta Gallant explores the power of asking rather than telling. She considers how curiosity, careful listening and noticing defensive behaviour can help practitioners understand what really matters to clients – and recognise when it might be time to stop talking and start asking.
We ask clients to communicate constructively, but are we always modelling that ourselves? Louise Hardy reflects on difficult correspondence, emotional reactions, client pressure and how Resolution members can help reduce, rather than inflame, conflict.
Jacinta Gallant explores how insight mediation can transform the way family justice professionals approach conflict. Jacinta reflects on moving away from trying to “fix” entrenched positions towards curiosity, acknowledgment and understanding perceived threats. By creating space for learning and dialogue, insight approaches can help clients move beyond defensiveness and towards constructive solutions.
Effects on parental conflict resolution, legal professionals, and children's outcomes
There are a number of techniques that can be used to make negotiations more constructive, less heated, and better aligned with both parties needs
Client care is an essential part of a lawyer’s role and is the very first topic dealt with in the SRA Code of Conduct. It is subject to regulatory control due to the importance of the relationship for the client, who may not have had any reason to consult a lawyer in the past.
The introduction, development and evolution of new methods of resolving family disputes for changing families means there is a need for us all to look at how we communicate as members of Resolution; with our clients, with other members, with our clients’ former partners if they are not represented by a lawyer, with other members of our clients’ families, with other non-member lawyers, barristers, judges, mediators and arbitrators and more widely within the family justice system. Poor communication accounts for the largest number of complaints received by Resolution.
Written correspondence, such as emails or letters, is still the main method of communication in family disputes. The impact of letters and emails can be significant; therefore, consider who the recipient is and what you hope to achieve with the communication.
YRes Conference 2022: Language Matters! This workshop highlighted ongoing issues with the languag...
In this article for The Review Gemma Hope reports back on the "Using words well: how we can find ...
Rein Sikveland presented the following talk as part of one of our Code in Practice events in Sep...
James Knight, founder of iMA, and two members of Resolution talk about how better understanding a...